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CIRCULAR No.6/1998/TT-BTM OF MARCH 26, 1998 TEMPORARILY STIPULATING THE 1998 LIQUOR IMPORT

Pursuant to Decree No.33-CP of April 19, 1994 of the Government on the State management over the export and import activities;

Pursuant to Decision No.11/1998/QD-TTg of January 23, 1998 of the Prime Minister on the 1998 export and import management mechanism, and in furtherance of the State's policy on practicing thrift in consumption in the current socio-economic situation of our country;

The Ministry of Trade hereby temporarily stipulates and guides 1998 liquor import as follows:

I. GENERAL PROVISIONS

1. This Circular stipulates the import of liquor and the consumption thereof in 1998, except for the import of liquor for sale at duty-free shops.

2. Imported liquors referred to in this Circular are assorted liquors or liquor quintessence manufactured by foreign countries and imported into Vietnam.

3. To be circulated on the market, the imported liquors must satisfy the following requirements:

- Having valid import documents in accordance with current regulations.

- Having been affixed with import liquor stamps as prescribed (for liquors bottled in foreign countries).

Particularly, liquors made of imported liquor quintessences and bottled in Vietnam must have their package and labels printed in both the language of the country of origin and Vietnamese language, clearly indicating: the name and address of the production establishment, the serial number of the investment license (for foreign-invested enterprises) or the production license, the alcoholic strength, and shall not be subject to import liquor stamp affixture.

II. CONDITIONS FOR LIQUOR IMPORT

1. The Ministry of Trade shall base itself on the consumption demand in each area to select a number of enterprises that meet the following conditions to act as designated liquor importers (of kinds bottled in foreign countries) in 1998:

- They are State enterprises having the export and import business licenses for the appropriate goods categories;

- They have been engaged in import of liquor for two years of 1996 and 1997 with an average annual import value of over 200,000 USD.

These enterprises shall submit their dossiers of application for 1998 liquor import to the Ministry of Trade (the Department of Export and Import Management, 21 Ngo Quyen street - Hanoi).

On the basis of the written approvals by the Ministry of Trade, the enterprises shall carry out import procedures at the border-gate customs office without having to ask for quotas from the Ministry of Trade. Particularly for liquors of a proof of 30 % or higher, each enterprise shall only be permitted to import a volume valued at not more than 150,000 USD (one hundred and fifty thousand) per year; For a bigger value, the permission from the Ministry of Trade is required.

2. The foreign-invested enterprises shall comply with the provisions on goods export and import of the Law on Foreign Investment in Vietnam and the legal documents related to the implementation of the Law on Foreign Investment in Vietnam. Particularly, enterprises that do business in hotels, restaurants or tourist centers and import liquors shall be permitted to sell imported liquors to their customers for consumption at the hotels, restaurants or tourist centers of such enterprises.

3. Regarding the import of liquor quintessence:

- The foreign-invested enterprises shall comply with the provisions of the Law on Foreign Investment in Vietnam and the relevant legal documents.

- For other enterprises, the Ministry of Trade shall grant the import permits on the basis of their liquor production licenses already granted by the competent agency(ies). Such enterprises shall have to abide by the law provisions on industrial property rights and ensure the food hygiene and safety.

4. The liquor importing enterprises shall have to abide by the following regulations:

- To wholesale imported liquors only to subjects having business registration for trading in liquors in accordance with the current regulations.

- To observe the prescribed regime of receipts, vouchers and accounting books and update the volume of imported liquor sold to each trader and his/her address.

- To send monthly reports on the import of liquors and consumption thereof to the Ministry of Trade (the Department of Export and Import Management and the Department of Domestic Trade Policies).

III. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days after its signing till March 31, 1999.

Any problems arising in the course of implemen-tation shall be promptly reported to the Ministry of Trade for timely supplements and readjustments.

For the Minister of Trade

Vice Minister

NGUYEN XUAN QUANG